GENESEE COUNTY, MI -- Tax-foreclosed properties in the county will continue to be maintained, said Genesee County Treasurer Deb Cherry as she cited a judge's order in a lawsuit over who controls money from a delinquent tax revolving fund.

The County Board of Commissioners sued Cherry over her handling of the fund. A Circuit Court judge ruled in May that as treasurer the law allows her to spend delinquent tax funds, which come from penalties collected by her office from property owners who are late in paying taxes, to maintain tax-foreclosed properties.

A June 9 order from the judge further clarifies that ruling, saying, "actions and services performed by or for the Treasurer that related to the forfeiture, foreclosure and sale of tax delinquent properties may be authorized by the Treasurer and paid out of the DTRF (delinquent tax revolving fund) by the Treasurer without permission of the Board."

Cherry said she's pleased with the ruling's language, and it allows her to continue doing her job.

"It's pretty much letting us do what we need to do," Cherry said.

The commissioners sued Cherry, claiming she was funding the county Land Bank inappropriately and illegally.

The two sides decided a "friendly lawsuit" would likely be the least expensive way to settle the issue of Cherry's authority. Taxpayers footed the bill on both sides of the argument, as the commissioners agreed on May 1, 2013, to pay the fees of an attorney for Cherry.

The treasurer said the law allows her to spend the funds to maintain tax-foreclosed properties before they are sold at auction or transferred to the Land Bank. Commissioners had maintained that their approval of the spending is required.

County board Chairman Jamie Curtis declined to comment on the court order, saying he hasn't has a chance to review it.